Partition Lawyers in Sacramento County
Our Sacramento County partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation.
Talkov Law’s attorneys serving Sacramento County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect of the partition statutes is that it provides a legal mechanism for co-owners to divide their property without having to go through the court system.
- How long does a partition action take in California?" Most partition actions are complete in 3 to 6 months because most cases settle in either a buyout or agreed sale. However, some cases can drag on for 6 to 12 months.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don't have to pay your attorney to go through a disorganized mess to get the information they need.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff's interest in the property for a fair value. Some cases may take 6 to 12 months.
- Can you lose interest in a jointly owned home by moving out? Generally, co-owners maintain their ownership interests regardless of whether they live at the property. However, in rare cases, leaving the property for many years without paying taxes or other expenses may allow the co-owners in possession to argue that they have adversely possessed the property. Generally, these co-ownership disputes do not get easier with time, so it is important to act promptly.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (916) 668-3300 or contact us online today.
Call us at (916) 668-3300 or contact us below to schedule a free, 15-minute consultation.
American Medical International, Inc. v. Feller - Partition Action Case Study
In the legal case of American Medical International, Inc. v. Feller, 59 Cal.App.3d 1008 (1976), the issue of partition was at the center of the dispute. The case involved a dispute between two shareholders of a corporation, American Medical International, Inc. (AMI). The two shareholders, Feller and AMI, had a disagreement over the ownership of certain assets of the corporation. Feller argued that he owned a one-half interest in the assets, while AMI argued that Feller only owned a one-fourth interest. The court had to decide whether Feller was entitled to a one-half or one-fourth interest in the assets. The court held that Feller was entitled to a one-half interest in the assets. The court reasoned that the assets were held in a tenancy in common, and that Feller was entitled to a one-half interest in the assets under the law of partition. The court also held that AMI was not entitled to a one-fourth interest in the assets, as it had argued. The court reasoned that AMI had not acquired any interest in the assets, and that Feller was the sole owner of the assets. The court also held that AMI was not entitled to any compensation for its alleged contribution to the assets.
